9911796707
TMI Blog2008 (9) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... account that the goods still have some residuary life left, and goods have been imported using precious foreign exchange, goods are permitted to be cleared - confiscation is not justified X X X X Extracts X X X X X X X X Extracts X X X X ..... , besides confiscating the goods. (g) When the matter came before the Tribunal, the Tribunal vide order dated 3-12-2003 set aside the order of the original authority and remanded the matter to consider the request in the light of the instruction of the Board contained in Circular No. 75/99-Cus. dated 10-11-1999. It was also mentioned therein that the said Board's Circular should be meaningfully interpreted and that the authority below cannot be allowed to circumvent the Board's Circular by saying that the warehousing period in respect of the goods have already expired. (h) In pursuance of the direction of the Tribunal dated 1-12-2003, the matter has been re-considered and by the impugned order, the Commissioner ordered confiscation of 27 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be cleared by them. (f) To the specific queries raised by the Bench, he conceded that the EPCG licenses stand cancelled; the time frame for operationalising 100% EOU, which was three years, stands expired long back; the normal warehousing period and the extension granted by the Commissioner/Chief Commissioner expired in October, 1997. (g) He submitted that there was no justification for confiscating the goods and imposing redemption fine; he sought release of the goods. 4. Learned DR made the following submissions: (a) Warehousing of the goods is subject to the provisions of the Customs Act, and extension of warehousing period can be granted only subject to the fulfilment of the conditions stipulated therein and particularly with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esiduary life left, and considering that the goods have been imported using precious foreign exchange, we feel that the goods should be permitted to be cleared by the importer and put to productive use. 6. While we hold that the goods are not permissible to be cleared under 100% EOU Scheme or EPCG Scheme, we also hold that this is not a case for invoking the provisions of Section 111(j) or any other clause of Section 111 and therefore confiscation is not justified and, therefore, the redemption fine imposed is set aside. 7. We may also note that this will be a case where Section 72(1)(b) will be rightly attracted as the warehoused goods have not been removed from the warehouse at the expiration of the period permitted under Section 61. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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